An Officer's Authority In A Different County?

[swordman]

I was wondering if a Suffolk County cop was visiting relatives in Nassau County, and on his way home (while still in Nassau County) drove by a store, and saw a robbery, or something illegal in progress. Is he allowed by law to make an arrest, or does he have no police authority in a different county? I know off duty cops can still become on duty when they witness something in their own county, but what about neighboring counties? Thanks.

[LA5150]

In California there is really no such thing as "jurisdiction" where we can't arrest someone who is outside our area. We have peace officer status no matter what county we are in. If I were driving anywhere in the state while off-duty and saw a robbery happen, then I could arrest the bad guy if for some reason I decided to involve myself.

Many departments across the country assign take-home rides to their officers, and they commute to and from work in uniform. I believe that those officers are more likely to get directly involved in something like that. Most officers in my agency do not have take home cars, and so we are in street clothes to and from work. For us, it is far better in most cases to be a good witness and call in for the uniforms to handle business.

[nypd7748]

Yes he can make the arrest for robbery. He has arrest authority in the whole state of New York. His arrest authority differs when he is out of his Geographical Area of Employment (I won't get into all of that), but he is still authorized to make an arrest.

[Oldbillplod]

In the UK we can arrest anywhere except Scotland as they have diffrent law, but then the UK is smaller than some of your states so it's not that impressive.

[Mike Romeo]

I was wondering if a Suffolk County cop was visiting relatives in Nassau County, and on his way home (while still in Nassau County) drove by a store, and saw a robbery, or something illegal in progress. Is he allowed by law to make an arrest, or does he have no police authority in a different county? I know off duty cops can still become on duty when they witness something in their own county, but what about neighboring counties? Thanks.

As long as I make it clearly apparent to you that I am a law enforcement officer, I can arrest you ANYWHERE in the state I'm sworn in for any offense.

I can arrest you in pretty much any state as well if the offense is a Felony.

[scott715us]

Same goes for TN officers. Although out of our primary jurisdiction, we're still commissioned officers through the entire state. I remember a specific case where a Tennessee Valley Authority (TVA) officer stopped a drunk driver on the interstate in a rural county with his patrol vehicle. He kept the driver there until a jurisdictional officer arrived and the case was appealed. The TN Supreme Court upheld the stop because the TVA officer was a commissioned LEO and was expected to do what he/she could in the event the public is at immediate risk (as with an impaired driver).

A citizen can also arrest for misdemeanors & felonies committed in their presence.

If you put the same situation in play and a citizen holds the robbery suspect at gunpoint until the officer arrives, then it's also perfectly legal. He could use whatever force necessary to effect the arrest (aside from lethal if it's not justified).

[RO56]

I was wondering if a Suffolk County cop was visiting relatives in Nassau County, and on his way home (while still in Nassau County) drove by a store, and saw a robbery, or something illegal in progress.

Technically, most officer's have jurisidiction throughout their entire state (I don't know this for EVERY state, so that's why I say most).

As for your scenario: if it's a robbery, it's a felony, which means in many (most?) states, a private citizen (non-LEO) can make an arrest if he witnesses it, but I wouldn't necessarily advise it.

Citizens should be the best witnesses they can be and call 9-1-1.

And, really, that's some pretty good advice for an off-duty officer, too. Remember, off-duty, you're not wearing body armor or other equipment, you have no radio to call for backup, etc. It's best to leave it to the boys and girls in blue who are ON duty.

To prove my point, I'm inviting Cris1102 to come here and arrest me ... ;)

[LA5150]

So you see swordman, if you are caught robbing someone at a 7-11 with your sumurai sword while picking a lock, you can be arrested by an off-duty officer.

[fatboyjim154]

In the UK we can arrest anywhere except Scotland as they have diffrent law, but then the UK is smaller than some of your states so it's not that impressive.

Stated case/sherriffs gave us powers up there too!

Just Norn Iron where we can't.

Jim

[phantasm]

Police Officers in NYS have full arrest power within the entire state for crimes (misd/felony). Robbery would be a felony. What would happen if an officer chooses to get involved is that he would hold the suspect until the local jurisdiction shows up, and turn over custody to them for processing.

[swordman]

So you see swordman, if you are caught robbing someone at a 7-11 with your sumurai sword while picking a lock, you can be arrested by an off-duty officer.

The sword doesn't leave it's corner of my room, and the lock picks I turned in to the air force so I don't have them anymore. Also I hate theives more than anything else on the planet so I would never steal. Thanks for the info though.

[mcsap]

I have statewide authority while off duty for any Misdemeanor Crime of Violence or a Felony.

I have never had the occasion to use that authority but it's there if I need it.

[chiefhuntr]

I hate theives more than anything else on the planet so I would never steal. Thanks for the info though.

Wait till you meet a wife beater/child abuser. They make thieves look like girlscouts. :rolleyes:

[smcc360]

...and the lock picks I turned in to the air force so I don't have them anymore.

Have they been locking themselves out of the planes again?

[swordman]

Have they been locking themselves out of the planes again?

No, but the Sgt. said he needed a set, and since he was my friend, and I found out they were illegal for civilians without a license, I gave them to him. I was wondering if civilians are allowed to carry collapsable batons (for self defense) in Suffolk County though.